The Constutition of the Illuminarchal Union of Eruditia
Preamble of the Constitution of Eruditia' The People of the Principality of Eruditia, seeking knowledge, wisdom, and illumination for the good of mankind, do uphold these laws and edicts, and do uphold this Constitution. It is acknowledged that knowledge as a whole has become an ideal lost in this current generation and time, and it is the sanctified duty of Eruditia to propagate, proliferate, and expand the knowledge base of our human race, that we may forever positively impact not only our generation, but the generations of our children, and their children, that they may enjoy freedoms and knowledge not available to us as this present time. Chapter I: 'Defining the Principality' Article 1: The 'Citizenship and Language of the People ' (1) A citizen of Eruditia is anyone who is born of a citizen or who has successfully applied for and has proven themselves to the standards Eruditian culture. (2) The official language of Eruditia is English, which was the language of science in its formative years. Latin is its basal form is also an appropriate means of communication when speaking scientifically. Article 2: 'Form of the Principality' (1) This Principality is a sovereign illuminarchal entity with emphasis on both secular and religious beliefs. As an Illuminarchy, it follows these set principles: a) There is one leader, the Illuminarch, who oversees and upholds the wellbeing of the Principality. b) Emphasis is placed supremely on empirical secular scientific research of all sorts and on religious spiritual matters. c) Emphasis is placed that religion and science are not contradictory opposites, but merely complementary portions of a much larger esoteric mindset that both benefits and assists in human development and evolution. (2) This Constitution is the supreme law of Eruditia; it is direct authority of all Eruditian dealings, both in the Principality and in diplomatic measures with other micronations and macronations. Article 3: State Symbols and the Capital (1) The Principality has these symbols set as honorable: a) The national colors are white, blue, and gold, signifying purity, peace, and an insatiable search for knowledge b) The national flower is the Bird of Paradise flower, signifying beauty, passion, and robustness c) The national independence day is October 1st. (2) The Principality Motto is "Illustro est via" or “Illumination is the Way” (3) The capital of the Principality of Eruditia is Lumia. Chapter II: 'Objectives and Prerogatives of the Principality ' Article 4: General Constitutional Objectives (1) The Principality of Eruditia encourages a healthy mind in both empirical and spiritual research. (2) The Principality of Eruditia provides its citizens the right to speak, theorize, and test empirical claims in a peaceful and nonaggressive manner, to critique and assist other citizens in their research in a proper and orderly fashion, to justice and free speech, and to fraternity and constitutional solidarity. (3) The State promotes: a) The right of education and schooling for its citizens b) The right of scientific inquiry c) The right of religious practice d) The right to preserve and develop the Eruditian culture e) The right for equality and integration of all of its citizens Article 5: State 'of the Principality of Eruditia' (1) The Principality of Eruditia promotes amicable and friendly diplomatic peace. Acts and displays of aggression or war or anything else that would disturb the peace is deemed unconstitutional (2) The Principality of Eruditia takes adequate measures to preserve its integrity even in the state of war or civil war. (3) The Principality of Eruditia protects the People against terrorism, extremism, and catastrophe, whether from within or from outside influences to the best degree possible at the time. Chapter III: State Organization Part I: General Organization Article 6: Elections (1) Elections for a new Illuminarch are held when the Illuminarch is impeached or dies. (2) Elections for Erudite counselors are held every two years (3) The votes of the citizens is always kept private and confidential unless the voter specifies that his vote is to be made public (4) Elected representatives from Eruditia have the responsibility to uphold themselves in a constitutional manner. They are to govern themselves according to the constitution Article 7: 'Governmental Duties of Illuminarchy' (1) The Principality of Eruditia is governed by the Illuminarchal government system. Legislative and judicial powers and responsibilities are vested upon both the Illuminarch, his two consuls, and the Erudite Counselors, Executive power is bequeathed only to the Illuminarch. (2) The Principality of Eruditia acknowledges the autonomy of local, regional, and national congregations. However, should an autonomous congregation attempt to overthrow the established government or the Constitution, this will be met with swift force. Any rebellion of any kind against the established society is prohibited and taking part in such will result in immediate expulsion. (3) Autonomy of these congregations is bound by this Constitution. Article 8: 'Chain of Command in the Illuminarchy' (1) In the Illuminarchal chain of command, the following is established. From highest rank to lowest rank, the following are the chain of command: a) The Illuminarch b) The Consuls c) The Erudite Counselors d) The Local Governors e) The Citizen Article 9: 'Provinces and the Provincial Parliament' (1) Regional sectors, known as Provinces, are represented by a Provincial Parliament, made up of elected Local Governors. The Head Governor of each province is signified as an Erudite Counselor. (2) Each region in the Principality of Eruditia is represented by at most 3 Local Governors. These Governors are no more than overseers of the general welfare of their specific region. These Local Governors are elected by the people of their regions. (3) Members of the Provincial Parliament serve terms of 1 year. Local Governors can be re-elected for as many times as they wish to run, unless the Illuminarch deems so. Part II: Representation of the State Article 10: 'Duties and Responsibilities of the Illuminarch' (1) The Illuminarch is the head of state. He or she has the right of pardon, to conduct foreign affairs, and to all other representative functions of the Principality. (2) The Illuminarch is elected based partially on a general vote, partially by a standardized intelligence test, and partially by the approval of the current Provincial Parliament. (3) Every resident citizen in the Principality of Eruditia who is successfully a citizen and has proven themselves to their communities can run for Illuminarch election. (4) Before taking office, the Illuminarch-awaiting must take the following oath: “In the powers and authority vested with me, I, (insert name), do solemnly swear that I will uphold, protect, and rightfully execute the powers and rights of the office given to me. I will rightfully represent the science and religion we represent in the appropriate manner. Illustro est via.” (5) The Illuminarch shall not be held accountable for actions performed for the good of religion and science, unless they directly harm and/or threaten the good of the people, whether of Eruditian origin or not. If the Illuminarch is found to be instigating or participating in such unethical research, he or she may be indicted, impeached and tried by the Provincial Parliament. Part III: Executive Power '''Article 11: National Government,' Continuation of Illuminarch Duties''' (1) The executive power of the State is vested in the national Government. It includes diplomatic affairs. (2) The Illuminarch is the head of the National Government. The Illuminarch freely chooses his or her two Consuls. (3) The Illuminarch is Commander in Chief of the Armed Forces in any circumstances where war is unavoidable or necessary for the preservation of the Principality of Eruditia. Article 12: Impeachment' of the Incumbent Illuminarch An impeachment of the Illuminarch results from a unanimous ‘nay’ vote by the Provincial Parliament. A new Illuminarchal election takes place between the two Consuls immediately afterwards. Part IV: Legislative Power Article 13: National Parliament (1) The legislative power is bestowed to the members of the Provincial Parliament. (2) The Provincial Parliament consists of all elected Local Governors, Erudite Counselors, and the two Consuls. Members of the Provincial Parliament are residents publicly elected by the People. Each region elects among its residents in proportion to its share of citizens eligible to vote. Their term ends after 1 year in office, or if they are impeached (3) Everyone eligible to vote can represent their region, as long as the number of elected Governors does not exceed 3. (4) The two Consuls are the Parliamentary leaders, in which they direct the agenda of the Parliament. (5) Decisions of the Provincial Parliament require a majority of the votes cast (simple majority) unless this Constitution provides otherwise. Article 14: Rights of Members of Parliament (1) Members of Parliament are only bound by their conscience. Anything deemed unethical by the majority can result in an impeachment. (2) It is the right of the Parliament to maintain order within itself, and to impeach Governors, Erudite Counselors, and Consuls who have been corrupted or serve an ulterior agenda. (3) Members of Parliament may not be called to account or be arrested except by permission of the Provincial Parliament or by the invocation of the Illuminarch. Article 15: Lawmaking Process (1) Bills and Constitutional Amendments can be introduced and drafted only by the Members of Parliament or by the majority of the citizens. (2) The Provincial Parliament has to be informed immediately of any bill that is introduced or that is about to or currently being drafted. Citizens, with the approval of the Illuminarch and their Local Governors, have the right to be heard during sessions according to the same rules as govern the participation of Members of Parliament. (3) Laws altering or amending this Constitution require two thirds of a popular vote, the approval of the Illuminarch, and at least a two-thirds majority from the Provincial Parliament. All laws, amendments, and referendums are void if they are unconstitutional. (4) Laws have to specify their effective date. (5) Bills can be submitted to a referendum if provided by parliamentary decision or as part of the initiative. (6) The Illuminarch may veto a bill is deemed unconstitutional. (7) The Provincial Parliament may override the Illuminarchal veto by a two-thirds majority. (8) The Citizenry can nullify a law or amendment by a unanimous vote. If a law is nullified, it is completely deleted and cannot be amended or presented again to the Provincial Parliament. Article 16: Treaties' Amongst other Micronations, Macronations, Groups, and Authorities' (1) Only the Illuminarch can sign treaties with other micronations and macronations. (2) Only the legislative power of the Provincial Parliament includes the power to ratify treaties with other micronations and macronations. (3) Treaties not ratified within six months are to be nullified immediately by the Illuminarch. Article 17: Declaration and Execution of a State of Emergency (1) In cases of grave and immediate threat to the existence of the Principality of Eruditia, the Illuminarch may take any and all necessary measures of defense until the state of emergency is deemed over. (2) Only the Provincial Parliament can issue a state of emergency. Once the Provincial Parliament deems that the emergency is over, they may end the state of emergency, in which any emergency powers vested to the Illuminarch are then nullified. It requires a simple majority vote to initiate a state of emergency. The Illuminarch must abide by these stipulations. Article 18: Legislative Ombudsman The Consuls are the Ombudsman of the Provincial Parliament. It is their duty to safeguard fundamental rights and liberties, and to control the compliance of all state powers with the provisions of this Constitution. Part V: Adjudicative Power Article 19 Independent Courts (1) The adjudicative power is vested in independent courts. (2) Judges are citizens elected by the parliament. They are independent, with no political bias whatsoever. Their office ends once the court sessions are over and the trial has come to a close. Article 20 The Provincial Parliamentary Supreme Court (1) The Provincial Parliament acts as the Supreme Court. It decides issues involving this Constitution. In particular, the Supreme Court has jurisdiction over: a) disputes between Principality entities, groups, and persons concerning their respective rights and duties under this Constitution; b) challenges of a national or regional representative c) claims of individuals regarding violations of their constitutional rights; d) popular complaints about the violation of fundamental rights; e) challenges of an act of a state power by the Consuls; f) cases on appeal from Parliament as the Supreme Court deems necessary to review; g) all other cases assigned to its jurisdiction by the Illuminarch. (2) Decisions of the Supreme Court are directly binding for all entities, groups, and persons of the Principality of Eruditia. Chapter IV: Fundamental Rights Part I: General Provisions Article 21: Basic Ethical Human Rights (1) The Principality of Eruditia acknowledges liberty and equality of all humans. (2) Human dignity must be respected in any and all cases. (3) Everyone is free to do or not to do whatever he or she chooses, as long as it does not conflict with the freedoms of others and the Constitution. Everyone is responsible for acts freely chosen. (4) Slavery is abolished, and can never be ratified. Article 22: Applicability' of Basic Ethical Human Rights' (1) Fundamental rights apply to natural persons, domestic and foreign, who are assigned these Constitutional rights. They apply to legal persons, domestic and foreign, where, and to the extent that, the nature of the rights permits. (2) Fundamental rights are inviolable and inalienable. They include the freedom not to make use of them; however, repercussions and consequences are not avoided when one chooses not to make use of them. Part II: Liberties and Property Section I: Integrity'' Article 23: Personal Integrity (1) Everyone has the right to life, vitality, health and bodily integrity. (2) Everyone has the right to remain free. (3) All citizens are free to reside anywhere in, move throughout, enter, and leave the Territory, unless this conflicts with the personal freedoms of other citizens. (4) Capital and corporal punishment are abolished and are punishable by expulsion. (5) Torture is prohibited and is punishable by expulsion. Article 24: Property Integrity and Related Rights (1) Everyone has the right to acquire, own, possess, exclusively use, and convey private property, as long as doing so will not conflict with the rights and freedoms of other citizens. (2) Property may not be taken without due compensation and/or reasoning by the Illuminarch or the Provincial Parliament. Article 25: Right to Testify and Inherit (1) Everyone has the right to testify and inherit. Section II: Religious Freedom'' Article 26: Freedom of Religion and Belief (1) Everyone has the right to choose and practice his or her religion, creed, conscience, faith, confession, and belief, as long as it does not conflict with the rights and freedoms of others, and does not put one’s life or the lives of others at risk. (2) Everyone can refuse to give or receive religious instructions. (3) Everyone can, on the basis of conscience, refuse to serve in armed forces. (4) Everyone has access to archives of religious teachings. The Principality of Eruditia cannot ban books for the sake of learning. Section III: Freedom of Communication'' Article 27 Freedom of Expression, Opinion, and Information (1) Everyone has the right to freely express and disseminate his or her opinions; however, any actions or motions done to initiate these opinions that are in confliction with the Constitution or personal freedoms is prohibited. (2) The Freedom of the press and other media is guaranteed, and is an inalienable right. (3) Everyone has the right to freely request and retrieve information from publicly available sources. (4) Censorship is abolished, either by citizens or by the government. Article 28 Right to Assemble, Congregate and Associate (1) Everyone has the right to peacefully assemble. (2) Everyone has the right to associate with others. This includes association in political parties that are in harmony with the Constitution and the ideals of an illuminarchy. (3) Every adult has the right to marry one partner. Article 29: Right to Privacy (1) Everyone has the right to privacy. (2) The home is inviolable. (3) The privacy of letters as well as the secrecy of mail and telecommunication is inviolable. Section IV: Freedom of Profession and Activities'' Article 30: Freedom of Profession (1) All citizens have the right to freely choose their occupation, their place of work, and their place of study or training, as long as it does not contrast or conflict with the Constitution. (2) There is no duty to work. Forced labor is prohibited. Article 31: Freedom of Research, Science, and Teaching (1) Everyone has the right to research and conduct science for the betterment of society, the Principality of Eruditia, and for the propagation of the illuminarchy, as long as it is deemed ethical and does not conflict with either the constitution or the freedoms and rights of other citizens. (2) Everyone has the right to perform arts. (3) Everyone has the right to teach and to found private schools, as long as ideals and teachings do not contradict illuminarchy, the Principality of Eruditia, inalienable freedoms, or the Constitution. Section V: Political Rights'' Article 32: Electoral Rights' of the Peoples' (1) All citizens have the right to vote. (2) There is no compulsory voting. Article 33: Right to Petition (1) Everyone has the right to create, elaborate upon, and send written petitions to the Illuminarch, his or her Consuls, the Erudite Counselors, and the Local Governors. Article 34: Freedom of Citizenship (1) Citizens can give up their citizenry at any time they wish. (2) Citizens may at no time be forced to give up their citizenship. Article 35: Right to Self-Determination and Resistance' of Civil Unrest' (1) Everyone has the right to collective self-determination, which include joining a certain political party, beginning an ideology for a party, and for following its rules, as long as the party conforms to the laws and edicts of the Constitution. (2) All citizens have the right to civil disobedience and resistance against attempts to abolish this constitutional order, should no other peaceful alternative exist at the moment. Article 36: Right to Found Political Parties (1) Everyone is free to create their own political party, with respects to secular, empirical, religious, and political views of the creator, as long as these political parties do not contradict the Constitution, the establishment of the Illuminarchy, the freedoms of the People, and the Principality of Eruditia. (2) Everyone is free to carry on political parties and to construct agendas based on the political ideologies, as long as these ideologies are ethically, morally, and Constitutionally sound. Section VI: Other Liberties'' Article 37: Freedom of Procreation and Childrearing (1) Everyone has the right to procreation; this right cannot be taken away. (2) Parents have the right to bringing up, educating, and culturizing their children. They have the right to decide about their children's participation in religious institutions and emerging ideologies. Part III: Equality Article 38: Equality' Among All Peoples' (1) All humans are equal before the law, and no bias is given to any one persons, groups, or entities. (2) Matrimonial equality and legitimacy equality are guaranteed. (3) All citizens are equally eligible for public office according to their professional and intellectual aptitude. Article 39: Prohibition of Discrimination and Privileges (1) No person may be discriminated against or privileged on the basis of sex, gender, origin, race, language, parentage, creed, faith, or nobility. Part IV: Right to Protection Article 40: Special Protection (1) Protection of human dignity is a duty of the Principality of Eruditia. (2) The institution of marriage has the special protection of the Principality of Eruditia. (3) Families, mothers, and minors have the special protection of the Principality of Eruditia. (4) Everyone persecuted on political grounds has the right to asylum. Part V: Welfare Rights Article 41: Special Support' for the Welfare of the Citizens' (1) Everyone has the right to livelihood, health care, shelter, and education. Part VI: Procedural Rights Article 42: Access to the 'Courts ' (1) Everyone has free recourse and access to the courts. (2) Everyone has the right to a constitutional judge. Article 43: Fair Trial (1) Everyone has the right to a fair trial. Evidence obtained illegally is inadmissible and shall not be used in any court proceedings. (2) Everyone has the right to trial by jury. (3) No one may be deprived of liberty or property without due process of law. (4) No law shall be passed stipulating regulations of the past without due compensation for all losses Article 44: Criminal Justice (1) No act may be punished unless it constituted a criminal offence under the law before having been committed. No one may be punished for the same act more than once (2) Only judges, the Provincial Parliament, or the Illuminarch may indict or subpoena persons, groups, or entities or issue warrants for arrest, search, or seizure. (3) Everyone accused or arrested has the inalienable rights of (a) to a speedy and public trial, (b) to be presumed innocent until proven guilty, © not to be a witness against him or herself, (d) promptly to be informed about the reason of accusation or detention and about the right to be silent (e) to counsel for defense and help, (f) to communicate with next-of-kin, partner, legal, medical, or religious counselors, (g) to be released no later than 24 hours after the arrest if not further detended after court hearing, (h) to redress in case of false imprisonment. Article 45: Prohibition of Extradition (1)No citizen may be extradited to a foreign country. Chapter V Individual Restrictions Part I: General Provisions Article 46: Admissible Restrictions in Unique Circumstances (1) Parliament or the Illuminarch may place certain restrictions on individuals (2) In no case may the essence of a fundamental right be infringed. (3) Any restriction must apply generally and not solely to an individual case. Article 47: Special Restrictions' on Weaponry and Illicit Drugs' (1) Possession, selling, and use of drugs resulting in strong and imminent danger for the general public is prohibited. (2) Possession and use of firearms and other weapons without a permit is prohibited. Part II: Duties Article 48: General Duties' of the Citizen' (1) Parents have the duty to rear and educate their children in an enlightened, Constitutional, and Illuminarchal way that will help benefit society.. (2) Adults have the duty to support and assist their parents if they are in need. (3) Parents and children have the duty to ensure that minors attend public schools or equivalent institutions. Vocational schools and certified private schools are equivalent to public schools. Article 49: Civil Service' of the Citizens' (1) Every citizen of age may choose to serve in the Armed Forces or not. (2) If a citizen chooses not to join the Armed Forces, he or she must still be treated equally and with respect from other citizens. (3) Citizens have the right and are compelled and urged to take part in scientific, secular, political, empirical, religious, and spiritual studies that will help propagate the Illuminarchy and the wellbeing of the Principality of Eruditia. (2) Whoever is unable to serve is liable to compensate the community. Part III: State Monopolies Article 50: Monopolies on 'Weaponry and Hazardous Materials' No one but the government of the Principality of Eruditia may own heavy weapons or ultra-hazardous material, and they are the only ones who may deem fit who may have access to it. Article 51: Monopolies on 'Principality Activities' (1) No one but officials of the Principality of Eruditia may coin or print money. (2) The Principality of Eruditia retains the monopoly on mail and telecommunication networks. Part IV: Forfeiture of Fundamental Rights Article 52 Forfeiture of Rights (1) Persons and political parties who abuse fundamental rights in order to combat the established Illuminarchal order and attempt to usher in a new form of government forfeit these rights. (2) Such forfeiture and the extent thereof is determined by the Provincial Parliament and the Illuminarch.